, 1887-08-06

charge upon the community. s'Ihey are by
statute authorized" argued Mr.. Wardrnto
refuse landing to persons in four categor1ess
These are, first, ~convicts |; second, idiots :
third, l~unatics, and fourth, persons likely to
become a public charge. But n'cases under
each category the Commissioners must show
the record. They must make out asa fact
than an expectant immigrant is q convict, or
an idiot or a lunatic. Now, none of these
persons is feeble, or old, or unable to work
none has ever been in a poorhouse. They
are not paupers, but ~crofters. And the only
fact is that the British Government paid their
fares" eaG4
Judge Brown said he wanted to hear some
testimony. Superintendent Jackson, of Cas-
tie Garden, went to the stand. He said the
determining question with the board was the
fact that assistance had been given by q
foreign Government. He admitted that the
board did not discuss the condition OF the
prisoners at any other meeting that they
did not find any one physically unable to
care for him or herself, and chat the detained
families came up to the average in every
respect except financial means. These, he
said, consisted principally of the tickets to
their destination and the ~poorhouse drafts
given them by the British Government.
Emigration Commissioner Stevenson
SalQ GldU GQSSo D0ISOuS WSI0 4OO POA SOAV
above the average immigrants landed every
day in intelligence and physical ability, but
on the principle that America does not want
families assisted to her cities and villages by
England he voted to return the people in
question. His vote was the deciding one.
The board, he said, had not made any finding
that any one of the lot was unable to a k
care of himself or herself, and the minutes
would not show such an entry Commissioners
dwell andStarr caves somewhat similar testlmo.
nv. Mr.. Starr said COMMISSIONS Taintor made
the only examination personally made by any
Commissioner
Judge Brown then decided the matter.
He said II have no doubt that it is compe-
tent on a writ Of habeas corpus to inquire
nto the proceedings Of the Commissioner to
determine how they nave made their findings.
whether according to statute or not. l think
there can be no question considered by them
except those expressed in the statute. There
must be q prohibition narrowly construed ono
way or the other. The Commissioners must
find their objections under one OF the four
categorie8. If they find on a different cues
ton they go outside the statute. | take 1t
from the evidence that the board simply
decided that they would not permit these
people to land, and that they did this without
unu1Dp Gndb Gn6y WSAC COuFASOo1 %NOOSI ~
l~unatics, or that they were unable to take
care of themselves. One Commissioner made
an examination, but the board as q
board did not arrive at u finding under
the statute. I must decide that SO far the
Commissioners have not found facts to
Justify a refusal to land. The point
that their fare was paid by the British
Government is a serious one, but it strictly
cannot be considered as an element here.
These people, however, are still IN the Com
missioners' control, and / suppose there 10
nothing to prevent a second examination.
Are you prepared to say that you want TO
make an examination on the naked question
of the statute?' s8a
The. Commissioners and their lawyers had
died together, and then Mr.. Rowley said they
would let the matter go asst was. Judge
Brown nodded and said THE prisoners are
released" - 1f .q
Back on the rear benches the sad'taced
Irish people heard the words and smiled.
And laughs grew loud, and the woman who
had been praying lifted her hands and Ok.
claimed "God be praised we are spared
The others rose in quick delight, and q big
coated Irish policeman who had brought
one of the men down called out to him
"You are free. You can stayin America now,
And the man aud all about him OF his party
looked glad ana went away with friends
n... AZ ronon,iccionars will only